Other Penalties

Refusal to take a breath or urine test will generally result in an immediate suspension of your driving privileges for a period of 90 days to 1 year. A BAC of .08% is considered a failed test unless you hold a commercial license, in which case the maximum BAC is a .04% for a failed test.

DUI offenders in Oregon are required to complete a screening assessment and substance abuse treatment program. The screening assessment determines the type of treatment program the person must complete. You are also required to attend a Victim Impact Panel (VIP). The individual referred is usually responsible for any assessment or VIP fees. Finally, you will typically serve a period of probation. The type and length of probation may vary, but usually it will not exceed five years.

A person charged with DUI in Oregon generally has two options – plead guilty or go to trial. There is no plea bargaining for DUI cases in Oregon. Eligible individuals may obtain a dismissal by completing a diversion program.

DUI Diversion Program

In Oregon, you may be eligible for the Oregon DUI Diversion Program if you have never been convicted of a felony DUI in Oregon or elsewhere, have no pending charges for DUI or other vehicular offenses, haven’t had a DUI in 10 years, never had a DUI that resulted in injury or death, and you were not operating a commercial vehicle or in possession of a commercial driver’s license.

To participate in this program, you must have made your first scheduled court appearance and file a petition with the court for participation in the Oregon DUI Diversion program within 30 days of your court appearance.

As long as you pay the required fee, complete an alcohol and drug assessment, and complete and pay for the recommended treatment program, you may have your DUI charge dismissed.